norml23 - Page 47

supra.
1o DEA Failed to Follow the Dictates of the
Court in NORML v. DEA
The NORML v. DEA decision specifically ordered the DEA and HEW to
separately consider four categories of marijuana materials, which the
Court defined as follows: "Cannabis" and "cannabis resin;" cannabis
leaves; cannabis seeds capable of germination; and synthetic THC.
NORML v. DEA, supra, 559 F.Zd at 757. These four categories are
discussed in detaim in the Court's decision, and were carefully defined
by the Court. The "Conclusion" of the decision, which ordered the case
remanded for further proceedings, specifically states that HEW is
"directed to make separate evaluations and recommendations for each of
the following cannabis materials.°. "ld. at 757 (emphasis added)°
These categories are based upon the Single Convention, which requires
substantially different levels of control for these different marijuana
materials.
HEW's report did not, however, make separate findings and
recommendations on the four categories of cannabis materials the NORML
v. DEA Court ordered HEW to separately consider. Lnstead, HEW combined
three of the four categories tog ether, and made a singte set of
findings for these marijuana materials: "cannabis" and "cannabis
resin," cannabis leaves and cannabis seeds capable of germination. See
44 Fed. Reg. at 36125 Col. 3o HEW abo lumped together synthetic THC
and extracted THC ("cannabis resin"), and made a single set of findings
and recommendations for these two materiams, even though the NORML v.
DEA Court specifically directed HEW to consider synthetic THC as a
separate category. See 44 Fed. Reg. at 36126 Col. 2.
DEA's finat decision also did not separately consider the four
categories of cannabis materials the Court specified in its prior de-
cision, but instead considered a confusing and overlapping variety of
cannabis materials. In the "Summary" section at the beginning of the
decision, and the "Conclusion" section at the end, only two categories
are listed --"marijuana" and "synthetic THC." See, 44 Fed. Re9. at
36123 Col. 1, 3612.5 CoL 1o In the "Findings" section, the DEA
routinely combines synthetic and extracted THC together, 44 FedoReg. at
36123 Col. 3, 36124 Col. !. In considering medical uses, the DEA
refers in a unitary fashion to "marijuana, extracted and synthetic
THC." 44 Fed. Reg. at 36124 CoL 2.
The DEA abo failed to consider the fula range of scheduling